Was Michigan Teacher Wrong to Eject Students for Anti-Gay Remarks?

Someone was bullied in a Michigan classroom on Oct. 20. Exactly who was the victim and who was the bully, however, depends on your point of view.

Popular opinion -- at least as it was expressed at a community forum held Nov. 8 -- says Howell High School teacher Jay McDowell was in the right.

McDowell was suspended for a day, his supporters say, because he defended gay and lesbian students against hate speech. However, district officials say he violated the First Amendment rights of students.

Many Howell High School students came to class wearing purple T-shirts for Spirit Day, a national effort to oppose the bullying of gay and lesbian young people.

However, a female student came to McDowell's class wearing a Confederate flag belt buckle, instead. McDowell told her to remove it. She did so without defiance.

Then a male student asked why she was not allowed to wear a Confederate flag when other students were allowed to wear purple as a political statement. After McDowell explained his position, he asked the student if he had changed his mind.

The student said no. He still believed homosexuality violated his religious beliefs. At that point, McDowell ejected him from the classroom. Another student then spoke in support of the first student. He, too, was ejected.

Kim Root, a spokesperson for the Howell School District, tells ParentDish, officials learned all this after a thorough investigation. The students were not acting angry or belligerent, she says.

Even McDowell himself confirms this in interviews with the Associated Press and other news organizations.

Root says the district investigation was prompted by complaints from parents about how McDowell handled the students. She says officials suspended him after determining he violated district policies that protect students' freedom of speech.

The incident comes on the heels of highly publicized suicides by gay young people, suicides apparently prompted by bullying.

Emotions were running high at the Nov. 15 community forum before the Howell School Board.

Graeme Taylor, a 14-year-old resident of Ann Arbor, Mich., came to speak in support of McDowell.

"When you hear of things like Dr. King's speech that one day he wanted his grandchildren, his posterity, to not be judged on the color of their skin but on the content of their character, I hope that one day we, too, can be judged by the content of our character and not by who we love," he says in a video recording of the meeting.

"There is a silent Holocaust out there where an estimated 6 million gay people every year kill themselves," he adds.

David Hudson Jr., a scholar at the First Amendment Center in Arlington, Va., tells ParentDish McDowell is treading on unstable ground, as case law falls on both sides of the debate.

In Minnesota, a student wore a T-shirt in 2001 proclaiming "Straight Pride" and depicting a man and woman holding hands.

U.S. District Court Judge Donovan W. Frank ruled the school couldn't censor a message on a shirt merely because other students find it offensive, unless the shirt will disrupt the school environment.

However, the 9th U.S. Circuit of Appeals in California upheld the right of a school to ban an anti-gay T-shirt in 2007, ruling that gay and lesbian students are a protected minority.

Hudson tells ParentDish courts are more clear on the wearing of the Confederate flag. It is considered protected expression, he says, unless schools can prove it will inflame racial tensions or otherwise substantially disrupt the school days.

The bottom line is that teachers and administrators can't cherry pick the opinions they will allow to be expressed. The guiding principle on such matters was decided by the U.S. Supreme Court in the 1969 case of Tinker vs. Des Moines.

Justices ruled students could wear black armbands in protest of the Vietnam War because school officials already allowed students to wear political buttons and exercise other forms of expression.

In a video recorded of this week's community forum, McDowell tells the school board the boy he tossed out of class is not bad. In fact, he adds, that's what worries him.

He says he wonders why the kids he ejected felt safe expressing views against homosexuality.

"That's on us," McDowell says. "We have to create an environment in these schools that makes it safe for everyone."

Root says district officials in Howell hope to use this incident as a teachable moment.

"We hope we can move on from this discussion and look at district polices on bullying and harassment," she tells ParentDish.

Educators find themselves on a perpetual tightrope, she says. Certainly gay students need to be protected from bullying, she adds, but people's First Amendment rights also have to be protected.

"There are some things that are obviously hate speech," she tells ParentDish. "Other things are obviously not."

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Has it occurred to anyone touting free speech and state laws, that you are dealing with CHILDREN...who are in school to be taught, not to be in charge of the environment. I think our society has gotten completely out of control on the issue of who is in charge in the classroom. Since when did First Amendment Rights enter into the way a class is taught. Call me old fashion but perhaps one reason problems like this happen is because kids have too much to say about too many issues too soon...before they have the knowledge or experience to know what they are talking about. They act on emotion because they have not been taught the discipline of courtesy, tolerance, respect and most important impulse control. My guess is they are parroting the mentality of the parent. Maybe the schools ought to concentrate on the basics of teaching the subject at hand and leave the personal expression to weekends,, the parents and personal time.

Looks like Paul doesn’t know that animals can choose same sex partners as well. Penguins, bison, gazelles, antelope, bottle nose dolphins, and many many other species. Male Walruses engage in homosexual activity in the off season until it is time to breed again. This is literally so they can practice for when that time comes. Homosexuality is not exclusive to humans. So before you say homosexuality isn’t natural, why don’t you take some biology lessons first.

No, Katie, I'm sure his parents aren't embarrassed and neither should they be. It is not hate speech to believe homosexuality is wrong. Is it hate speech to believe murder, gossip or stealing is wrong? Is it hate speech to believe that premarital sex is wrong? Does the whole world now have to concede to what some consider is politically correct beliefs? That attitude is completely unacceptable and illigimate in our free society. God gave people choice to accept Him or reject Him. But to force the lifestyle/belief system on one group bc the other believes in it, is wrong. It is also wrong to inflict injury to one group bc of belief system--that is the issue of hate speech.

What a waste of School Time, teacher defense of believing that being Gay is wrong. It is wrong, it is different than the norm, it is offensive to many,,,, no ,, we do not need to bully,,,,,, God put it clear to us believers in Jesus and the Holy Scriptures,,, "man should not lay with man" ,,,, the words are clear, the intent is clear, it is wrong.This kid on here, is puffed up in his own ignorance, and self importance just showing what the gay children get like. Very Sad for him,,,,,,,"It is an EXIT , not an ENTRANCE". This teacher should do his job and not try to be some hero to the Homosexuals, at the expense of our children.

I didn't read anything about any statements opposing homosexuality, the article stated McDowell was opposed to the girl wearing the confederate flag...he initiated the whole ordeal. Again according to the article McDowell tried to convice another student that questioned McDowell's attitude towards the girl's outfit why he felt what she wore was offensive (to him only obviously). Two students wearing purple voicing their concerns (not the girl with the outfit) were ejected from his class. McDowell was wrong, I have to wonder why McDowell behaved like he did about three students exhibting, freedom of speech, their civil rights and their choice. Oh yes Rev. Martin Luther King's speech was regarding equality of mankind not personal preference thank you!

I guess it's OK to hate Christians. In the story a boy was thrown out of class because he stated that his religious beliefs find homosexuality immoral. He didn't say he wanted to hurt gays just said he felt it was wrong.

I am tired of these teachers. THEY can say things but our children cant also express themselfs. They are always hollering at the kids. If they were good teachers they dont have to holler or threathen detention. Go threw some of the school hallsways sometimes. whether it is grammer school,middle or high school.. Oh dont try to correct a teacher if astudent does that they get hollered at..Our children have rights too.

Katie what a double standard. If you have two opposite forces one is going to be wrong. It just depends on which side you agree with whether you are in opposition to the other. I personally feel homosexuality is an abomination. I agree with the Word of God. He created them male and female. Adam was married to Eve not Steve. Now for me to say that am I saying anything of hatred. NO! Hatred would be if I passed a sentence on someone or did something to hurt them whether with my words or actions. But to speak my belief is no different than them speaking about their belief to be the way they are. I am sick of hearing it personally. I wish they all would have stayed in the closet about it. If I went around speaking of marriage is between male and female then you would say I am speaking hate. No. It is truth and it is the way it was created to be. So please those kids should be proud of themselves for speaking what they believe. The kids wearing the purple shirts are stirring up trouble. It is wrong to allow one group to stand up for themselves but not the other. Shame on you for being one sided.

I love these comments, homosexual behavior is dangerous to society, or sick. The only people dangerous to society in these cases are the ones who express belief's like this which in turn cause others to express their hate in physical ways.

1st I think Paul is a Moron....anyway, I don't think it fair the teacher ejected students for speaking their beliefs about homosexuality just as the gay students have the right to speak their beliefs as long as it is not done rudely but either side.Not everyone has to agree with either side but it can be discussed in a polite manner. Gay students should not be tormented for who they are and neither should straight students.The word here is respect and all people who just say homosexuality is disgusting....need to mind their own business.

The accused bully never said anything about hating anyone. He said that, in his religion, homosexuality is wrong. In his religion, lying and stealing is probably wrong too. Are they going to throw out every student out of class who doesn't like the idea of people robbing and stealing? lol! Suicide, no matter who commits it, is devastating. For a person to even contemplate it.. well, speaking from experience, that is one of the darkest places one can be. However, it was wrong for the teacher to throw those kids out of class because they don't agree with him. Most of the world doesn't agree with him. Does it give anyone the right to bully though? No. But saying you DISAGREE IS NOT THE SAME as saying I hate you and think it's ok to brutalize, harass, or even kill you.

If adults were not so trigger happy on sensitive issues, they would find the wisdom to educate these youngster on sensitive issues.

I am a black crippled homosexual who was once called a "Crippled Ni**er Fa**ot." I would have loved to have had the opportunity to speak frree sppech and against bulling to these younsters. Because this crude remark was the best thing that anyone has ever said to me because it has made me a better person.

Allen, I absolutely agree with you. I also don't know why they are making it out to be this "hate" crime or speech. The student merely made a comment that homosexuality against his religion. Where is the "hate" in that? These homosexuals are so darn sensitive about their sexuality they are of the opinion that no one else should have an opinion about it. If that's the case, they should "straighten up". Pun intended!!

Good for you, for not taking it to heart, Allen! Everyone is subject to bullying for one reason or another. If we all made a federal case out of it, we would never learn how to cope with it properly. You found some positives in it. I was bullied (for other reasons) and also found many positives in it and it, too, made me a better person. If more people reacted this way, we would have a far better world. Bullies look for reaction most of the time. Don't give it to them and eventually they will move on. NEXT!...

"Spirit Day" is a joke; it really means "Accept and validtae what we do- or else" day. A handful of homosexual or sexually confused young people may have committed suicide. It may be because they were bullied. It may be because they were involved in depressing lifestyle. The current hysteria and exaggeration about it is well refleced in the laughable comment about "6 million gay people killing themselves" illustrates it. The teacher is an intellectual bully. The teacher is CLEARLY wrong. If students are allowed to wear clothing that makes a political statement all students must have the same right. I knew this was where the 'hate speech' laws were going to go- banning free speech of even the mildest dissent. The students who stood up to this treacher were heroes (I'd say the same thing if the teacher was disallowing pro-homosexual speech, too, by the way).